2006 Ohio Revised Code - 4707.02. Auction firm, auctioneer, apprentice auctioneer or special auctioneer license required; exceptions.

§ 4707.02. Auction firm, auctioneer, apprentice auctioneer or special auctioneer license required; exceptions.
 

No person shall act as an auction firm, auctioneer, apprentice auctioneer, or special auctioneer within this state without a license issued by the department of agriculture. No auction shall be conducted in this state except by an auctioneer licensed by the department. 
 

The department shall not issue or renew a license if the applicant or licensee has been convicted of a felony or crime involving fraud or theft in this or another state at any time during the ten years immediately preceding application or renewal. 
 

This section does not apply to: 

(A) Sales at auction that either are required by law to be at auction, other than sales pursuant to a judicial order or decree, or that are conducted by or under the direction of a public authority; 

(B) The owner of any real or personal property desiring to sell the property at auction, provided that the property was not acquired for the purpose of resale; 

(C) An auction mediation company; 

(D) An auction that is conducted in a course of study for auctioneers that is approved by the state auctioneers commission created under section 4707.03 of the Revised Code for purposes of student training and is supervised by a licensed auctioneer; 

(E) An auction that is sponsored by a nonprofit or charitable organization that is registered in this state under Chapter 1702. or Chapter 1716. of the Revised Code, respectively, if the auction only involves the property of the members of the organization and the auction is part of a fair that is organized by an agricultural society under Chapter 1711. of the Revised Code or by the Ohio expositions commission under Chapter 991. of the Revised Code at which an auctioneer who is licensed under this chapter physically conducts the auction; 

(F) A person licensed as a livestock dealer under Chapter 943. of the Revised Code who exclusively sells livestock and uses an auctioneer who is licensed under this chapter to conduct the auction; 

(G) A person licensed as a motor vehicle auction owner under Chapter 4517. of the Revised Code who exclusively sells motor vehicles and who uses an auctioneer who is licensed under this chapter to conduct the auction. 

(H) A person who sells real or personal property by means of the internet. 
 

HISTORY: RS § 4223; S&S 24; 38 v 50; GC § 5867; Bureau of Code Revision, 10-1-53; 130 v 1121 (Eff 10-10-63); 132 v H 317 (Eff 8-28-67); 133 v H 1 (Eff 3-18-69); 133 v H 373 (Eff 10-22-69); 137 v H 845 (Eff 8-21-78); 139 v H 608 (Eff 7-9-82); 143 v S 146 (Eff 5-1-91); 149 v H 94. Eff 10-1-2001; 150 v S 209, § 1, eff. 5-6-05; 151 v S 99, § 1, eff. 5-6-05.
 

Not analogous to RC § 4707.02 prior to amendment in 130 v H 474 (1121), eff 10-10-63.

Analogous in parts to former RC §§ 4707.01, 4707.02, repealed, 130 v 1745, § 2.

The effective date is set by § 3 of 151 v S 99. 

See provisions of § 4, 151 v S 99, following RC § 4707.01. 

The provisions of § 222(A) and (B) of HB 94 (149 v  - ) read as follows: 

SECTION 222. (A) Sections 1345.21, 4707.01, 4707.011, 4707.02, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071, 4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12, 4707.13, 4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21, 4707.23, and 4707.99 of the Revised Code, as amended by this act, shall take effect on October 1, 2001, or the earliest date thereafter permitted by law. 

(B)(1) On the effective date under division (A) of this section of the sections as amended, the licensing functions of the Department of Commerce under Chapter 4707. of the Revised Code are transferred to the Department of Agriculture. The Department of Agriculture thereupon and thereafter assumes these functions. 

Any business commenced but not completed by the Department of Commerce on that effective date shall be completed by the Director or Department of Agriculture in the same manner, and with the same effect, as if completed by the Director or Department of Commerce. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer of functions required by this section and shall be administered by the Director or Department of Agriculture. All of the Department of Commerce's rules, orders, and determinations continue in effect as rules, orders, and determinations of the Department of Agriculture until modified or rescinded by the Department of Agriculture. If necessary to ensure the integrity of the numbering of the Administrative Code, the Director of the Legislative Service Commission shall renumber the Department of Commerce's relevant rules as appropriate to reflect their transfer to the Department of Agriculture. 

No employees of the Department of Commerce are transferred to the Department of Agriculture. The Director of Agriculture may create up to three additional full-time positions for the administration of the licensing functions of Chapter 4707. of the Revised Code assumed by the Director and Department payable out of the unexpended balances transferred to the Department of Agriculture. 

(2) Whenever the Director or Department of Commerce is referred to in any law, contract, or other document relating to the transferred functions, the reference shall be deemed to refer to the Director or Department of Agriculture, whichever is appropriate. 

No action or proceeding pending on the effective date of this section is affected by the transfer, and shall be prosecuted or defended in the name of the Director or Department of Agriculture. In all such actions, the Director or Department of Agriculture upon application to the court shall be substituted as a party. 

 

Effect of Amendments

151 v S 99, effective May 6, 2005, added (H). 

150 v S 209, effective May 6, 2005, rewrote the section.